ABSTRACT

Once the jury has been empanelled, the prosecution present their case. Counsel for the prosecution begins by making an opening speech.

In the opening speech, the prosecution remind the jury of the offences to which the defendant has pleaded not guilty. If those offences are complicated, the prosecution will summarise the relevant legal principles (making it clear that the judge is the final arbiter of the law). It should also be made clear at this stage that the prosecution bear the burden of proof and that the jury must be satisfied so that they are sure in order to convict. Prosecutors normally indicate who they will be calling as witnesses and how these witnesses fit into the overall story. The purpose of the opening speech is to enable the jury to make sense of the evidence that they will now be hearing.